He also says: If an accident occurs, God forbid, and one of the victims dies as a result, and the driver who caused the death did not intend it, will he be held accountable?
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The questioner : He also says: If an accident occurs, God forbid, and one of the victims dies as a result, and the driver who caused the death did not intend it, will this driver be held accountable before his Lord on the Day of Resurrection, knowing that he killed a soul? May Allah make you among His righteous servants. Please inform us. May Allah reward you with good.
The Shaykh : This issue is one of the important matters with which people have been afflicted due to recklessness in driving, speeding, and indifference to violating the regulations that restrict people. The criterion is that if the driver commits transgression or negligence, he is liable for what is lost due to the accident, and he must pay the expiation if there is an expiation. Transgression is doing what is not permissible, and negligence is leaving what is obligatory. So, if it is assumed that this driver knows there is a defect in the car but is negligent in repairing it, and then the accident occurs as a result of this defect, he is liable for compensation because he was negligent in addressing this danger.
The questioner : Yes.
The Shaykh : Likewise, if this driver commits transgression by swerving or by entering a lane in which the regulations do not allow him to drive, and the accident occurs as a result of this violation, he is liable for compensation because he was a transgressor.
However, if the accident is the result of an action that is permissible by the Shari'ah, then there is no liability for compensation. For example, if the driver swerves to avoid a danger, believing that this swerve is safer than staying in his lane.
The questioner : Yes.
The Shaykh : In this case, he is not liable for compensation for what is lost from this car due to the accident. I mean, he is not liable for the passengers in it or the property that is destroyed in it, because he acted for the sake of benefit, so he is a doer of good. And Allah the Exalted said:[At-Tawbah 9:91].
The questioner : Yes.
The Shaykh : But in this case, if by his swerving he overturns onto something and destroys it, destroying the thing onto which he overturned, then he is liable for compensation. He is liable for what was destroyed due to this overturning, because this action of his is not for the benefit of the thing onto which he overturned.
The questioner : Yes.
The Shaykh : He becomes liable for it, and this is clarified further by an example. This man, when he swerved to avoid danger and followed what he saw as safer, then overturned. There was a person walking in the street under the car, and he died. And there was a person in the car, and he also died due to the car overturning. The one who was in the car, this man, is not liable for compensation because the driver or the one in charge acted for his benefit.
The questioner : Yes.
The Shaykh : So he is a doer of good, and there is no path for the doers of good. As for the man in the street onto whom the car overturned, the owner of the car is liable for compensation for him, because he was destroyed as a result of an action in which there is no benefit for the destroyed person.
The questioner : Yes.
The Shaykh : Yes.
The Shaykh : This issue is one of the important matters with which people have been afflicted due to recklessness in driving, speeding, and indifference to violating the regulations that restrict people. The criterion is that if the driver commits transgression or negligence, he is liable for what is lost due to the accident, and he must pay the expiation if there is an expiation. Transgression is doing what is not permissible, and negligence is leaving what is obligatory. So, if it is assumed that this driver knows there is a defect in the car but is negligent in repairing it, and then the accident occurs as a result of this defect, he is liable for compensation because he was negligent in addressing this danger.
The questioner : Yes.
The Shaykh : Likewise, if this driver commits transgression by swerving or by entering a lane in which the regulations do not allow him to drive, and the accident occurs as a result of this violation, he is liable for compensation because he was a transgressor.
However, if the accident is the result of an action that is permissible by the Shari'ah, then there is no liability for compensation. For example, if the driver swerves to avoid a danger, believing that this swerve is safer than staying in his lane.
The questioner : Yes.
The Shaykh : In this case, he is not liable for compensation for what is lost from this car due to the accident. I mean, he is not liable for the passengers in it or the property that is destroyed in it, because he acted for the sake of benefit, so he is a doer of good. And Allah the Exalted said:
There is not upon the doers of good any cause [for blame]
ما على المحسنين من سبيلThe questioner : Yes.
The Shaykh : But in this case, if by his swerving he overturns onto something and destroys it, destroying the thing onto which he overturned, then he is liable for compensation. He is liable for what was destroyed due to this overturning, because this action of his is not for the benefit of the thing onto which he overturned.
The questioner : Yes.
The Shaykh : He becomes liable for it, and this is clarified further by an example. This man, when he swerved to avoid danger and followed what he saw as safer, then overturned. There was a person walking in the street under the car, and he died. And there was a person in the car, and he also died due to the car overturning. The one who was in the car, this man, is not liable for compensation because the driver or the one in charge acted for his benefit.
The questioner : Yes.
The Shaykh : So he is a doer of good, and there is no path for the doers of good. As for the man in the street onto whom the car overturned, the owner of the car is liable for compensation for him, because he was destroyed as a result of an action in which there is no benefit for the destroyed person.
The questioner : Yes.
The Shaykh : Yes.